Scott Alexander McDougall has been incarcerated at the Alexander Maconochie Centre. Photo: Michelle Kroll.
CONTENT WARNING: This article may distress some readers.
The news that notorious double murderer Scott Alexander McDougall applied for a transitional release program to support his potential release from jail resulted in outrage from police, a victims’ advocate and the ACT opposition.
However, Region understands that he has so far only applied for a program to support his potential release from custody and has not yet actually applied to be released from custody.
McDougall, then aged 34, killed 48-year-old Struan Bolas and 35-year-old Julie Sarah Tattersall by repeatedly attacking them with a meat cleaver at a home in Downer in September 2008.
A judge-alone trial in 2011 found the Queanbeyan man guilty of two counts of murder, and he was sentenced to life imprisonment on both counts.
Earlier this month, it was reported he had applied for the Transitional Release Program, which supports detainees on their reintegration into the community.
But while he has applied for this program, it appears he has not applied for a ‘release on licence’, which is what he must be granted to be released from custody as he is serving a life sentence.
In the ACT, detainees serving life sentences are not eligible to apply for parole. However, those serving a life sentence can apply to the Attorney-General for release on licence after serving a minimum of 10 years.
The Attorney-General must be satisfied that exceptional circumstances exist to grant the licence.
“While the law does allow an application to be made after 10 years, it does not guarantee or even imply release,” an ACT Government spokesperson said.
“Every application is assessed on a case-by-case basis, with community safety as the primary concern.
“Release on licence is only granted in rare and exceptional circumstances.”
According to the government’s Transitional Release Policy, if a detainee is serving a life sentence, they must apply for release on licence within 12 months of being approved for the Transitional Release Program; otherwise, their approval will be revoked.
Attorney-General Tara Cheyne was quizzed about the McDougall case this week. Photo: Michelle Kroll.
Attorney-General Tara Cheyne was speaking to ABC radio on Monday (21 July) when she was asked about McDougall’s transitional release application, but she said there was no release on licence application before her.
“What I understand is that detainees who meet the eligibility criteria are entitled to apply for the Transitional Release Program, but community safety, the safety of victims, remains paramount in all decision-making,” she said.
“In his case, any release must occur via an application to me for release on licence.
“But participation in that program doesn’t guarantee release or imply imminent release, and eligibility is determined on a case-by-case basis.”
Ms Cheyne said she understood the community’s concerns about how a person given two life sentences could be released, but she reiterated that no release on licence application had been made to her.
A spokesperson for the Justice and Community Safety Directorate (JACS) said they were legally unable to share information on the personal circumstances of detainees but they were able to speak about about the Transitional Release Program, which they said was designed to enhance community safety and reduce the potential for reoffending by preparing suitable detainees for reintegration into the community as they near eligibility for release.
“While all detainees who meet the eligibility criteria are entitled to apply for the program, access is not automatically granted and is subject to a rigorous risk-assessment process,” the JACS spokesperson said.
“Community safety, in particular the safety of victims, is paramount in all related decision-making processes.”
If a detainee is accepted into the program, they remain accommodated within the grounds of the Alexander Maconochie Centre and are not free to enter the community at will.
While participants may apply for leave for specific periods and purposes, such as employment, education, or family connection, any leave requires a separate application and approval process, including a comprehensive risk assessment.
“The program is tailored to help detainees gradually adjust to life outside custody using a three-staged approach, while still under ACT Corrective Services’ supervision,” the JACS spokesperson said.
“ACT Corrective Services continues to monitor and support participants throughout their transitional release, ensuring accountability and public safety while fostering successful reintegration outcomes.”
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